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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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Experience:  Legal Expert
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In process of selling 2 rental properties for elderly parents;

Customer Question

In process of selling 2 rental properties for elderly parents; local college wants to buy both. Just got notice of one renter has filed bankruptcy, hearing to happen soon. This renter also has ferrets unauthorized by lease (nasty animals). Both renters are on month to month now, lease was very simple. How soon and how do I get them out?
Submitted: 3 years ago.
Category: Legal
Expert:  Thomas McJD replied 3 years ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Here is the applicable statute that indicates what you need to do to proceed in getting the tenants out:

TMcJD :

Statute 58-2570: Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form.

(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than 30 days after the receipt of the notice, ….

(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, if the tenant's holdover is willful and not in good faith the landlord may recover an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2 times the actual damages sustained by the landlord, whichever is greater. If the landlord consents to the tenant's continued occupancy subsection (d) of K.S.A. 58-2545, and amendments thereto, shall govern.

(d) In any action for possession, the landlord may obtain an order of the court granting immediate possession of the dwelling unit to the landlord by filing a motion therefor in accordance with subsection (b) of K.S.A. 60-207, and amendments thereto, and service thereof on the tenant pursuant to K.S.A. 60-205, and amendments thereto. After a hearing and presentation of evidence on the motion, and if the judge is satisfied that granting immediate possession of the dwelling unit to the landlord is in the interest of justice and will properly protect the interests of all the parties, the judge may enter or cause to be entered an order for the immediate restitution of the premises to the landlord upon the landlord giving an undertaking to the tenant in an amount and with such surety as the court may require, conditioned for the payment of damages or otherwise if judgment be entered in favor of the tenant.

TMcJD :

Here is a link to the statute:

TMcJD :

http://kansasstatutes.lesterama.org/Chapter_58/Article_25/58-2570.html